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FILED
NOV -4 2013
A. C. J.C.
IN THE MATTER OF
FORMAL COMPLAINT
MELANIE D. APPLEBY
JUDGE OF THE SUPERIOR COURT
Tracie
Committee
on
Judicial
Counsel,
Disciplinary
Gelbstein,
H.
Conduct
("Complainant"),
Advisory
complaining
of
1.
At
all
times
relevant
to
this
matter,
Respondent
assigned
to
the
Family Division
in
the
Ocean
County
Vicinage.
3.
obligation
to
continue
("Donohue")
to pay
for
wherein he
their son's
4.
&
Louis
("Louis")
the
5.
of
before
her
at
local family
the
of
time
secretary's
her
recommendation.
Respondent agreed to speak with Louis,
6.
2012,
Respondent
met
with
Louis
in
her
and on May 8,
judicial
chambers
to
Respondent
and
Louis
discussed
Donohue' s
letter
and
with the Child Support matter, he did not want his assistance to
result in his name being added to Respondent's conflict list.
10.
Louis
concluded
the
initial
meeting
by
telling
After
of
the
Louis,
initial
sent him
consultation,
the
property
Respondent,
settlement
at
the
agreement
between Respondent
and Donohue
to
support
her position in
the
through email
At
attorney
no
time
regarding
did
the
Respondent
consult
representation of
her
with
any
interests
other
in
the
After
Respondent,
the
discussing
Louis contacted a
Child
matter
Support
("Biel")
with
of
the
in the
Child Support
matter.
15.
Biel
declined
to
represent
Respondent
telling
Louis
that his workload prevented him for taking on new matters from
Ocean County.
16.
Biel,
representation
however,
on
agreed
behalf
of
to
send out
Respondent,
basic
and
letter of
authorized
his
to
prepare
draft
of
that
letter for
Biel' s
review
and
signature.
17.
stationery
Louis
for
obtained
Biel,
from
Zlotnick
Biel's
&
paralegal
Feinberg,
but
the
never
law
firm
spoke
to
18.
letter
Louis
that
drafted
set
forth
response
to
Respondent's
Donohue's
legal
May
3,
2012
( "Draft
position
Letter") .
19.
On
June
21,
2012,
Louis
sent
copy
of
the
Draft
The
Draft
Letter was
not
typed
on Louis's
law firm
Instead,
signature line.
at
the top of the first page of the Draft Letter were the words,
typed
in
large
capitalized
and
balded
letters,
"BIEL
LETTERHEAD."
21.
Letter.
22.
the
note
that
summarized those
edits and
indicated "I love the letter just as it is, and do not choose to
go the route of the alternate proposal at this time."
23.
The
Final
Letter
incorporated
all
of
Respondent's
Zlotnick
&
25.
Biel
never
reviewed or authorized
the
Final
Letter,
Respondent
had
never
met
with
Biel,
and
had
never
matter.
27.
Respondent
also
never spoke
to
Biel
after
receiving
Child Support matter, and provided that attorney with the Final
Letter.
29.
at which time
Biel told the attorney that he did not represent Respondent and
knew nothing about the Final Letter.
30.
By
consulting
with
Louis
about
the
Child
Support
matter,
matter,
2012 letter,
and
Louis,
which
concealment
she
facilitated,
or
acquiesced in,
the Code of
Judicial Conduct.
31.
acquiescing
in
it,
Respondent
demeaned
the
judicial
office
or
in
By
her
conduct
in
consulting
that
her,
conflict
and
thereby
Respondent
creating
cast
impartially
reasonable
as
judge
he had
doubt
and
with
on
of
Louis
cases
with
capacity
interfered
the
pending before
interest
her
about
with
Louis,
to
act
proper
the
COUNT II
33.
foregoing
Complainant
paragraphs
repeats
as
if
the
each
allegations
were
set
contained
forth
fully
in
the
and
at
length herein.
34.
Cornick,
No.
FM-15-557-12W
("Cornick
matter")
that
was
On June 19,
County
court
2012,
for
an
uncontested
June
19
appearance,
divorce
hearing
in
the
Cornick matter.
36.
Louis
and
At
that
opposing
counsel,
took
Respondent
testimony
from
heard
the
from
parties,
found
that
the
parties'
divorce
agreement
was
voluntary
and
knowing and fair and equitable for both parties, and entered an
order of divorce.
37.
that was
On July 17,
for
an early settlement
conference on
the
Kelly matter.
39.
At
signed a
the
consent
conclusion
order
that
of
that
Respondent
conference,
to choose a
on July 18,
2012,
Louis wrote
to
Superior
in
Court
consent
order
the
_Kelly
matter
for
the
In that
same letter,
form of order for the release and protection of the defendanthusband's medical records.
42.
well
as
the
consent
order
for
release
of
defendant-husband's
personnel file.
43.
On September 4,
2012,
to
the
Assignment Judge advising that she had a conflict with Louis and
his law firm,
conflicts.
44.
Respondent's
communications
with
Louis
regarding
the
therein
created
clear
conflict
of
interest
that
By
failing
to
immediately
disqualify
herself
from
involved,
Respondent engaged in a
of
the
in
conflict of
Code of
Judicial
Conduct.
46.
DATED: November
~+--
, 2013
1:racie~. Gelbstein
Disciplinary Counsel
ADVISORY COMMITTEE ON JUDICIAL
CONDUCT
Richard J. Hughes Justice Complex
25 Market Street
P. 0. Box 037
Trenton, NJ 08625